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ITAT Delhi

AO cannot issue consolidated notices for different Assessment Years

March 13, 2021 3963 Views 0 comment Print

Barnala Steel Industries Ltd Vs ACIT (ITAT Delhi) Consolidated Issue of Notice In Search Case For Different Assessment Years Makes Entire Assessment Order Invalid We have heard both the parties and perused all the relevant material on record. From the perusal of the notice issued u/s 153A r.w.s. 153C/143(2) of the Act, it is a […]

No section 37 addition for expenses not claimed by Assessee

March 12, 2021 2586 Views 0 comment Print

USG Buildwell Pvt. Ltd. Vs Additional CIT (ITAT Delhi) The Ld. DR submitted that the disallowance u/s 37 on account of additional payment for purchase of land was righty made as the assessee could not establish his case as the expenditure was incurred without any substantial evidence produced before the Assessing Officer to that effect […]

Reassessment invalid if satisfaction for reopening recorded in mechanical manner

March 11, 2021 1941 Views 0 comment Print

Sungrow Impex Private Limited Vs ITO (ITAT Delhi) Conclusion: CIT had recorded his satisfaction for reopening of the assessment in a most mechanical manner without considering even the assessment records or the return of income filed by assessee and his satisfaction appeared to be in a ritualistic and formal rather than meaningful. Therefore, such approval […]

Investments yielding dividend to be considered to compute Section 14A disallowance

March 11, 2021 1071 Views 0 comment Print

Only those investments which had yielded dividend income for computing the average value of investments would be considered for the purpose of computing the amount of disallowance u/s 14A.

No section 271D penalty if reasonable cause exist & AO fails to Record satisfaction

March 10, 2021 1482 Views 0 comment Print

Sarita Singh Vs Addl. CIT (ITAT Delhi) Section 273B of the I.T. Act provides that no penalty shall be imposable on the persons or the assessee as the case may be for any failure referred to in section 271D of the I.T. Act, if he proves that there was a reasonable cause for the said […]

ITAT allows Expenses claimed against Lease Rent to Hero Fin Corp

March 9, 2021 498 Views 0 comment Print

DCIT Vs Hero Fin Corp Ltd. (ITAT Delhi) The assessee is earning lease rent from the lease charges of cars, plant & machinery given on hire to M/s Hero MotoCorp. The AO held that the income of the hire charges are to be chargeable under the head “income from other sources” but not under the […]

ITAT deletes substantive & protective additions for AMP expenditure

March 8, 2021 1860 Views 0 comment Print

Amadeus India challenges ITAT Delhi’s transfer pricing adjustment on AMP expenses and disallowance under section 14A. Full text of the ITAT order provided.

Commission cannot be disallowed merely based on information from search of third party

March 5, 2021 981 Views 0 comment Print

DCIT Vs Realistic Realitors Pvt. Ltd. (ITAT Delhi) In this case the A.O. in the light of information emanating from the search of Shri Praveen Agarwal came to the conclusion that assessee has wrongly claimed deduction on account of sub-brokerage paid to M/s. Taral Vincom Pvt. Ltd., The A.O. in the entire assessment order did […]

Penalty cannot be levied merely for addition due to adjustment by TPO in Valuation

March 5, 2021 2481 Views 0 comment Print

ACIT Vs IKEA Trading (India) Pvt. Ltd. (ITAT Delhi) We find that the assessee has sold assets at the WDV of the assets as per company law whereas the TPO held that the assessee ought to have sold the assets at the value of the WDV of the block of assets as per the Income […]

No Section 2(22)(e) addition if money lending was part of business

March 4, 2021 678 Views 0 comment Print

M.L. Singhi & Associates (P) Ltd. Vs DCIT (ITAT Delhi) No addition could be made against the assessee if no incriminating material was found during the course of search It is not in dispute that whatever queries were raised by the A.O. time to time, have been replied by assessee along with documentary evidences. All […]

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